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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RICHMOND THE AMERICAN UNIVERSITY (Trade Mark: Opposition) [2001] UKIntelP o42901 (2 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o42901.html
Cite as: [2001] UKIntelP o42901
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RICHMOND THE AMERICAN UNIVERSITY (Trade Mark: Opposition) [2001] UKIntelP o42901 (2 October 2001)
For the whole decision click here: o42901
Trade mark decision
- BL Number
- O/429/01
- Decision date
- 2 October 2001
- Hearing officer
- Mr G Salthouse
- Mark
- RICHMOND THE AMERICAN UNIVERSITY
- Classes
- 16, 25, 31
- Applicant
- Richmond College, The American International University in London Inc
- Opponents
- The American College in London Limited
- Opposition
- Sections 5(4)(a)
Result
Section 5(4)(a) - Opposition failed
Points Of Interest
- Association not enough to find misrepresentation.
Summary
The opposition was based on the opponents' registrations of their mark AMERICAN COLLEGE IN LONDON (a related opposition was to the mark RICHMOND COLLEGE, THE AMERICAN INTERNATIONAL UNIVERSITY IN LONDON - see SRIS O/430/01, and had originally included objections under Sections 5(2) & 5(3); these were subsequently dropped). The Hearing Officer considered that the "prominence and positioning" of "RICHMOND" in the applicants' mark suggests itself as the name of the college of which "THE AMERICAN UNIVERSITY IN LONDON" is a description. In the absence of any misrepresentation the opposition under Section 5(4) had to fail.